Article 382 of the Civil Code. Grounds and procedure for transfer of creditor's rights to another person

Today, law is the supreme regulator of social relations in society. It absorbed the key features that were not in other coordinators known to mankind. It should be noted that the rule of law did not always exist.

Initially, relations between people were regulated by violence, religion and ideology. But with the passage of time, all the presented moments showed their complete inefficiency, because they only extended their activities to a limited number of subjects. In turn, the right has acquired the highest level of popularity due to its volume. The bottom line is that it is a fairly flexible structure. This moment allows you to penetrate the law in almost all spheres of human existence. In aggregate, the factors presented have caused the frenzied development of jurisprudence throughout the entire planet.

To date, the legal norms regulate almost all relationships. Most clearly this fact manifests itself in treaties - agreements between different actors. There is even a separate sub-sector - contract law. Inside it there are a lot of interesting institutions, one of which is the cession. In simple terms, this term refers to the transfer of creditor's rights to other persons. The institute is endowed with a number of features that are presented in Article 382 of the Civil Code of the Russian Federation.

Civil law: concept, features

The institute of cession is a part of civilization. This science and the branch of law is one of the most ancient today. The bottom line is that the civil sphere of regulation appeared in ancient Rome. Of course, in those days the industry was endowed with other features than today. Nevertheless, the civilizations of Ancient Rome and modernity in some aspects are similar. For example, this cession was known at all times. It should be noted that the legal industry has many characteristic features. For example, its specific feature is complete equality of subjects of legal relationships. They are endowed with absolutely identical rights and duties. Therefore, the legal status of each subject is practically no different. In addition, civil law is characterized by the existence of a dispositive method of legal regulation. In other branches of law, he does not have such a pronounced position. Thus, all the presented moments characterize the civilization and the institutions that belong to it.

What is called a cession?

In Article 382 of the Civil Code of the Russian Federation, as already indicated earlier, features of a rather widespread civil law institute are presented today. In this case, cession is a purely scientific name, which can not be found in the legislative interpretation. In the normative-legal version, the institution is a transfer of creditor's rights to other entities. In this case, a logical question arises about what the cession, envisaged by Article 382 of the Civil Code of the Russian Federation, is. According to the most classical theory, the represented institution is the actual assignment of rights to the demand of something, which is confirmed by the relevant document. It should be noted that Art. 382 of the Civil Code establishes a somewhat different, different from the classical, legal design. The rule of law tells us about contractual relations. In the standard version, a cession allows a concession not only of rights, but also of property.

Where does the assignment occur?

Despite the fact that the represented institute is purely civil-law, its analogs can be found in other branches of jurisprudence. The most striking example is the assignment in international law. Here it is a cession of territory by one state in favor of another, as evidenced by the relevant agreement. But in order to understand the peculiarities of the presented institute, it is necessary to consider the key points of Art. 382 Civil Code of the Russian Federation. After all, it contains all the necessary information about the transfer of creditor claims.

Article 382 of the Civil Code of the Russian Federation: Assignment

The relevant provision of the Civil Code of the Russian Federation contains an exhaustive number of statements on the procedure for transferring creditor's rights to other persons. In this case, we are talking about those moments when the assignee has not previously participated in contractual relations. Nevertheless, due to certain circumstances, he became a new creditor. All such aspects are disclosed in art. 382 Civil Code of the Russian Federation. It consists of 4 parts. In each of them there were made statements about the procedure for the application of the institute and its consequences. It is also worth noting that in the mentioned norm of the legislative act some rights of debtors are concluded.

Basis for Assignment

It should be noted that any legal institution functions only if there are certain features. These are the grounds. That is, for the realization of a cession, certain factors are necessary. But in this case it is necessary to understand what the transition of the right of claim is. The Institute should be understood as the fact of transferring the possibility to demand satisfaction by the debtor of its obligations that arose on the basis of a certain contract, not to the original creditor, but to another person. The key basis for the application of a cession is a directly concluded agreement between the debtor and the creditor. Moreover, the fact of transfer of rights also has a legally designated form. As a rule, a cession is made by concession of a claim. There are also times when the cession is based on legislative grounds. It should be noted that fact that paragraph 2 of Art. 382 of the Civil Code of the Russian Federation speaks about the possibility of assignment of rights regardless of the consent or disagreement of the debtor.

Legal grounds for the transfer of creditor rights

As we pointed out earlier, there are a number of points when a cession arises from legitimate grounds. To number of similar it is possible to carry:

• Universal succession;
• Transfer of the creditor's right on the basis of a court decision;
• Transfer of rights of claim, if the obligation is performed by a surety who is not a debtor in certain respects.

Of course, there are also other points that are set by the legislator, and which are the basis for the transfer of rights of claim.

What opportunities can be conceded?

The presented art. 382 of the Civil Code "Cession" does not give statements about the object, in relation to which a concession can be made. Meanwhile, almost any civil rights can pass. In this case, exceptions are opportunities that are inextricably linked with the personality of a particular person. For example, a creditor can not be replaced in a relationship on demand for alimony, compensation for harm, etc.

Article 382 of the Civil Code of the Russian Federation: collectors and their place in a concession

In the provisions of the above rule of law, the moments regulating the position of the performers and the fact of the sale of debt obligations are spelled out. However, there is a certain specificity in this question. For example, paragraph 2 of Article 382 provides that the direct indication of the prohibition of assignment in the title agreement is the basis for recognizing the future transfer of creditor's rights invalid. However, in the same paragraph it is stated that such orders are not an obstacle to the sale of a debt obligation in accordance with the rules of insolvency law or enforcement proceedings. Thus, the position of the actual recoverers is described quite fully in the presented rule of law.

Favorable moments for debtors

So, art. 382 of the Civil Code of the Russian Federation, the comments to which were previously submitted, fixes the provisions on the transfer of creditor claims against other persons. At the same time, in parts 3 and 4 of the presented rule, provisions are established that provide some opportunities for the debtor of the relationship in which the requested party is replaced. For example, a subject on whose shoulders an obligation is liable should be notified of the fact of the assignment. If this was not the case, then any kind of claims from the debtor are withdrawn if he performed them before the original creditor. That is, before the official notification, he may not cooperate with the new demanding party at all.

No less important provisions are enshrined in Part 4 of Article 382 of the Civil Code of the Russian Federation. There are provisions in which the new and old creditors bear the obligation to reimburse any expenses to the debtor, if such arose as a result of the assignment of the right of claim. Thus, these provisions significantly expand the legal status of the debtor in the relevant relations, which clearly demonstrates the effect of the principle of equality of the parties in civiliza- tion. Their presence is a very positive factor. Since it shows the effectiveness of the main provisions of the industry and the entire legal system of the Russian Federation.

Conclusion

So, we have identified the key reasons and the procedure for transferring the creditor's rights to another person. This institute is one of the most popular in modern civil law due to its uniqueness and relative ease. The main thing is that in the process of using it people do not abuse their capabilities.